PRESOL | D | Local Exchange Services for Travis AFB, CA. - Solicitation Attachments

FBO DAILY ISSUE OF MARCH 15, 2009 FBO #2666
SOLICITATION NOTICE

D -- Local Exchange Services for Travis AFB, CA. - Solicitation Attachments

Notice Date: 3/13/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 517110 — Wired Telecommunications Carriers
Contracting Office: Department of the Air Force, Air Force Materiel Command, 38 EIG/PK, 4064 Hilltop Road, Tinker AFB, Oklahoma, 73145-2713
ZIP Code: 73145-2713
Solicitation Number: FA8773-09-R-0027
Archive Date: 10/13/2009
Point of Contact: Aimee C Sutton,, Phone: 405-734-9227, Stacy W Mullins,, Phone: 405 734 9651
E-Mail Address: aimee.sutton@tinker.af.mil, stacy.mullins@tinker.af.mil
Small Business Set-Aside: N/A
Description: Appendix 10 Statement of Work Schedule B This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition will utilize full and open competition; there are no set asides for small businesses. For this acquisition, a concern will be considered small under NAICS 517110 with size standard of less than 1500 employees. Simplified procurement procedures will be used for this acquisition per FAR Part 12. This acquisition is determined to be subject to FAR Part 15 regarding contracting by negotiation. In accordance with Air Force (AF) Instruction 33-111, the 38th EIG is the only authorized contracting office to order local exchange telephone services for the AF including Air National Guard, AF Reserve and AF recruiting offices. 38 EIG/PKK has a requirement, on an as-needed basis, for acquiring local telephone exchange services for all AF sites throughout the United States (CONUS). Each CSA will generally have a five to seven year period of performance. Local telecommunications services shall include, as a minimum but not limited to, local access for ISDN PRI's, local exchange trunks, transport channels, point-to-point circuits, commercial business lines, internet services, voice mail, directory number and number portability, operator and directory assistance, local and Intra-LATA access, and interconnection with Inter-LATA exchange carrier. The scope of the work to be acquired is set forth in the Statement of Work (SOW). The SOW and Schedule B are available for download via WWW.FBO.GOV. INSTRUCTIONS TO OFFERORS: Each offeror is required to submit their proposal as specified in RFP Clause 52.212-1, Instructions to Offerors-Commercial Items, along with the following addendum. Failure to provide any required information may result in an offer being determined non-responsive. 52.212-1 Addendum 1: (b) Submission of Offers. 1. General Instructions: i. Interested parties capable of providing the specified services must submit a written offer via email to 38eig.pkk@tinker.af.mil. Email notification of offer submission shall be sent to Aimee Sutton at Aimee.Sutton@Tinker.af.mil and Stacy Mullins at Stacy.Mullins@Tinker.af.mil. ii. Do not send as an executable or.exe file. Email size shall not exceed five megabytes. Documents may be compressed (zipped) using WinZip 8.1 or later version. Any corrupted file or media containing a virus could result in the offer not being considered for award. iii. Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft ® Word 2003 ® and Microsoft ® Excel 2003 ®. PDF is Adobe ® Portable Document Format. iv. Solicitation Questions. Any questions relating to the solicitation shall be submitted to the Contract Specialist or Contracting Officer noted in paragraph i above (not to the Communications Squadron representative or other government representative) by 30 Mar 09. Any questions received after this date may or may not be answered, due to time constraints of the solicitation. vi. Submit offer as follows: DOCUMENT CONTENTS FILE FORMAT Representations See FAR 52.212-3& DFARS 252.212-7000 PDF or.doc Volume One Technical Proposal PDF or.doc Volume Two Past Performance PDF or.doc Volume Three Pricing and Contracting PDF or.doc and.xls 2. Specific Instructions for Representations and Volumes One, Two, and Three: i. Offeror Representations and Certifications: Offerors are reminded that Representations and Certifications are to be maintained at the following website: http://orca.bpn.gov/publicsearch.aspx. In the event Representations and Certifications are not on file, offerors must include a completed copy of the provisions at FAR 52.212-3 and DFARS 252.212-7000 which can be obtained at http://farsite.hill.af.mil, FAR Part 52 or online at http://orca.bpn.gov. ii. Volume One -- Technical Proposal. Identify submitted material by corresponding factor. Factor 1- Organizational Representatives. Provide a listing, in hierarchal succession, of the offeror's points of contact delegated specifically for this requirement. Listing shall include titles, phone numbers, fax numbers and email addresses for each representative. List shall reflect both contracting and technical representatives for help desk issues and troubleshooting. Factor 2 - Interconnection Agreements. Provide evidence of interconnection agreements and/or leasing arrangements relevant to this effort in each state. Also, identify whether Offeror is facilities-based, non-facilities based, or both. Factor 3 - Evidence of Certification. Certification shall be in accordance with Clause 52.212-4 addendum 1 (v) (3). Documentation must be submitted indicating that the offeror is a local exchange carrier certified by the affiliated state's Public Utilities Commission (PUC) to provide services for this requirement. Factor 4 -- Local Communications Services. Provide a diagram with a descriptive legend, showing offeror's interconnection of exchange networks and long distance carrier interface (local incoming/outgoing services, trunking, directory assistance, operator assistance, 911 connectivity, and intra-LATA) in relation to this site and as required by the SOW and Appendices. iii. Volume Two -- Past Performance Information. Submit information from contracts performed within the last three years, which are considered relevant in demonstrating ability to perform local exchange services for AF sites. Include the following administrative data for each referenced contract submitted: offeror's company name; contracting agency; contract number; brief description of contract; contract type (i.e., fixed price, time and material, etc); period of performance; identification of any significant achievements or past problems and resolution; and name, address, telephone number, and email address of program manager and Contracting Officer. iv. Volume Three. A. Contracting Information. (1) Provide the offeror's name, address, cage code, data universal numbering system (DUNS) number, and tax identification number as registered in the Central Contracting Registration (CCR). (2)Include signature of individual authorized to make an offer; print individual's name, title, e-mail address and phone number. (3) If the remittance address is different from the mailing address, include all applicable remittance addresses. (4)Provide signed copy of all applicable solicitation amendments. B. Pricing Information. (1) Provide a copy of the completed Schedule B(s) containing the Offeror's proposed amounts. Offeror shall not alter the nomenclature for services. Schedule B unit prices shall be limited to two decimal places. In addition, to identify a CLIN/SLIN (Contract Line Item/Sub Line Item) as Not Separately Priced, enter "NSP" in the unit price and/or to identify a CLIN/SLIN as No Charge, enter "NC" in the unit price. (2) Provide a separate delineation or breakdown of all applicable Taxes, Fees and Surcharges. The Offeror shall charge the Government only those taxes, fees, and surcharges that are lawfully imposed, or permitted, and that the Offeror is allowed to receive recompense from, or by, the Government. (c) Period of Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers. PROPOSAL EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation of Offers-Commercial, and the following addendum. 52.212-2 Evaluation -- Commercial Items Jan 1999 (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (See Addendum below) (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-2 Addendum 1: Evaluation Criteria. This is a competitive best value source selection utilizing Past Performance Tradeoff (PPT) technique in which competing Offerors' past and present performance history will be evaluated on a basis approximately equal to cost or price considerations. By submission of an offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. All offerors shall be evaluated for technical acceptability. Failure to meet a requirement may result in an offer being determined technically unacceptable. Moreover, the government reserves the right to award an order for services from an incumbent LEC or other LEC with a universal service obligation for the services required in this solicitation if it is in the best interest of the Government, price and other factors considered, as discussed herein, even if the company has not submitted an offer. The evaluation process shall proceed as follows: (a) Technical Evaluation. Initially, the Government technical evaluation team will evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable, Reasonably Susceptible of Being Made Acceptable, or Unacceptable. A decision on the technical acceptability of each Offeror's technical proposal shall be made. Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for an award. The offers shall be evaluated against the following factors: Factor 1 - Organizational Representatives. This factor is met when the Offeror provides a listing, in hierarchical succession, of the Offeror's points of contact delegated specifically for this requirement. Listing includes the titles, phone numbers, fax numbers and email addresses for each representative. List shall include both contracting and technical representatives. Factor 2 - Interconnection Agreements. This factor is met when the Offeror provides documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort and states whether Offeror is a facilities based firm, non-facilities based firm, or both. Factor 3 - Evidence of Certification. This factor is met when the Offeror provides documentation and/or a direct internet link showing that Offeror is a Local Exchange Carrier certificated by the affiliated state's Public Utilities Commission (PUC) to provide the services for this requirement. Factor 4 - Local Communications Services. This factor is met when the Offeror presents a sound approach for providing local communication services detailed by a diagram and descriptive legend that clearly illustrates the Offeror's ability to meet all SOW requirements. (b) Price Evaluation. The Government will rank all technically acceptable offers by price. All CLINs/SLINs within the Schedule B will be evaluated for award multiplying the estimated quantity times the unit price in the Schedule B and subtracting any applicable considered discount(s) to derive the total evaluated price. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. The Government reserves the right to compare offered prices with tariff prices of an incumbent local exchange carrier (LEC) or with any other LEC with a universal service obligation for the services required in this solicitation. (c) Past Performance Evaluation. In determining past performance risk, the evaluators will employ several approaches including: reviewing the present and past performance; seeking present and past performance information through the use of questionnaires; as well as using data independently obtained from other Government and commercial sources. In determining risk, judgment will be used in assessing the probability of success, problems on previous efforts, the impact of failure, and the alternatives available to meet the requirements. The purpose will be to identify and review relevant present and past performance, and then make an overall risk assessment of the offeror's ability to satisfactorily perform this specific effort. This risk assessment represents the Government's judgment of the probability an offeror can successfully accomplish the proposed effort based on present and past performance. (i) Relevant performance includes performance of efforts that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation. (ii) In evaluating the offer, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation. (iii) The Government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is judged to have a performance confidence assessment of "Satisfactory Confidence" or lower. (iv) An integrated assessment of price and past performance will performed to determine which offer represents the greatest value in accordance with the evaluation criteria contained in this acquisition. An award shall be made to this Offeror, subject to a positive determination of responsibility. (v) The PPT process will result in an overall risk rating identified with corresponding definition as follows: (A) Substantial Confidence - Based on the Offeror's performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. (B)Satisfactory Confidence -- Based on the Offeror's performance record, the Government has an expectation that the Offeror will successfully perform the required effort. (C) Limited Confidence -- Based on the Offeror's performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. (D) No Confidence -- Based on the Offeror's performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort. (E) Unknown Confidence -- No performance record is identifiable, or the Offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance (reference FAR 15.3 (a)(2)(iv)). Other clauses/provisions applicable for this acquisition: Clauses/Provisions Incorporated by Reference: 52.212-4 Contract Terms and Conditions -- Commercial Items FEB 2007 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data -Modifications Oct 1997 52.232-18 Availability of Funds Apr 19984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Jan 2009 252.239-7002 Access Dec 1991 252.239-7004 Orders for Facilities and Services Nov 2005 252.239-7007 Cancellation or Termination of Orders Nov 2005 252.239-7008 Reuse Arrangements Dec 1991 252.239-7011 Special Construction and Equipment Charges Dec 1991 252.239-7012 Title to Telecomm Facilities and Equipment Dec 1991 252.243-7001 Pricing of Contract Modifications Dec 1991 Clauses/Provisions in Full Text: 52.212-4 ADDENDUM to 52.212-4 - Contract Terms and Conditions - Commercial Items Mar 2009 (e) Definitions. (1) "Common Carrier" means any entity engaged in the business of providing telecommunications services, which are regulated by the Federal Communications Commission or other governmental body. (2)"Noncommon Carrier" means any entity other than a common carrier offering telecommunications facilities, services, or equipment for lease. (3) "Governmental regulatory body" means the Federal Communications Commission, any statewide regulatory body, or any body with less than statewide jurisdiction when operating under the state authority. Regulatory bodies whose decisions are not subject to judicial appeal and regulatory bodies, which regulate a company owned by the same entity, which creates the regulatory body are not "governmental regulatory bodies." (4) "Special Service" normally involves a common carrier providing a special service or facility related to the performance of the basic telecommunications service requirements. This may include (i) moving or relocating equipment, (ii) providing temporary facilities, (iii) expediting provision of facilities, or (iv) providing specially constructed channel facilities to meet Government requirements. (5) "Telecommunications services" means the services acquired, whether by lease or contract, to meet the Governments telecommunications needs. The term includes the telecommunications facilities and equipment necessary to provide such services. (u) Reporting of Funds. This contractual vehicle is used to authorize local communications services and does not obligate funds. The funded amount(s) indicate the yearly authorization totals for reporting purposes only. (v) Tariff Information. (1) The Contractor shall provide to the Contracting Officer- (i) Upon request, a copy of the Contractor's current existing tariffs (including changes); (ii) Before filing, any application to a Federal, State, or any other regulatory agency for new or changes to, applicable rates, charges, services, or regulations relating to any CSA or any of the facilities or services to be furnished solely or primarily to the Government; and (iii) Upon request, a copy of all information, material, and data developed or prepared in support of or in connection with an application under paragraph (a)(2) of this clause. (2) The Contractor shall notify the Contracting Officer of any application that anyone other than the Contractor files with a governmental regulatory body, which affects or will affect the rate or conditions of services under this contract. These requirements also apply to applications pending on the effective date of this contract. (3) Public Utilities Commission (PUC) Authorization. All Offerors shall be facility-based local exchange carriers certificated (SPCOA - Service Provider Certificate of Operating Authority, or COA - Certificate of Operating Authority) with the state PUC where services are being provided. This contract shall at all times be subject to such changes by the PUC of the state having jurisdiction over the particular site as said Commission may, from time to time, direct in the exercise of its jurisdiction. (4) Rates, Charges, and Services. (i) The Contractor shall furnish the services and facilities under this contract in accordance with- (A) All applicable tariffs rules, regulations, or requirements; (1) Lawfully established by a governmental regulatory body; and (2) Applicable to service and facilities furnished or offered by the Contractor to the general public or the Contractor's subscribers; (B) All pricing for this acquisition is firm-fixed pricing in accordance with FAR 12.207 and 16.201-1. A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience including tariff changes in performing the contract. If the prices differ from established tariff prices then it is the responsibility of the vendor to either file a special tariff for the contract with the relevant governmental authorities or to make other arrangements to comply with the governmental requirements. The Air Force will not be liable for price increases for failure to follow these requirements. (C) All taxes, fees, and surcharges are subject to applicable tariff rates and charges. If such rates are applicable to this contract, the contractor must notify 38 EIG/PKK for authorization on the CSA before invoicing the customer. (ii) The Government shall not prepay for services. (iii) Recurring charges for services and facilities shall, in each case, start with the satisfactory beginning of service or provision of facilities or equipment and are payable monthly in arrears. (iv) Subject to the Cancellation or Termination of Orders clause 252.239-7007, of this agreement/contract, the Government may stop the use of any service or facilities furnished under this agreement/contract at any time. The Government shall pay the contractor all charges for services and facilities adjusted to the effective date of discontinuance. (v) Expediting charges are costs necessary to get services earlier than normal. Examples are overtime pay or special shipment. When authorized, expediting charges shall be the additional costs incurred by the Contractor and the subcontractor. The Government shall pay expediting charges only when- (A) They are provided for in the tariff established by a governmental regulatory body; or (B) They are authorized in a communication service authorization or other contractual document. (vi) When services normally provided are technically unacceptable and the development, fabrication, or manufacture of special equipment is required, the Government may- (A) Provide the equipment; or (B) Direct the Contractor to acquire the equipment or facilities. If the Contractor acquires the equipment or facilities, the acquisition shall be competitive, if practicable. (vii) If at any time the Government defers or changes its orders for any of the services but does not cancel or terminate them, the amount paid or payable to the Contractor for the services deferred or modified shall be equitably adjusted at the time of deferral or change. The Government and the Contractor shall equitably adjust the rates by mutual agreement. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. (w) Continuity of Services and Option to Extend Telecommunication Services. (1) This Communications Service Authorization (CSA) authorizes continuation of services previously authorized on CSA F34608-02-H-5003 0034. (2) For all services required on this contract, the contractor shall continue to provide services until a release date is established by the government as a result of competition (cutover complete) or termination (including termination for cause or government convenience). (3) The Government may require continued performance of any services within the limits and at the rates specified in the contract until cutover is complete. These rates will remain firm fixed price during this process. This provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise this provision by unilateral modification to the contract before 10 days of expiration. (4)The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, before contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to - (i) Provide transitioning of services during cutover period without termination liability charges; (ii) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor; and (iii) Notify the Government of any services not cutover after contract expiration. (x) Work Orders. Requirements for service provided hereunder will be forwarded to the Contractor through issuance of a local order (DD Form 1367 or a similar form). A local order will also be issued for termination or changes to services. Services provided without a local order are not contractually covered. Services may be ordered only as shown on the CSA Schedule B. Orders must be signed by the Communications Systems Officer or designee. (y) Posting Award Documents. Per FAR 5.303 and FAR 15.503(b), local announcements of contract awards, including Schedule Bs, are posted on Federal Business Opportunities (FBO) at https://www.fbo.gov/. Do not include any proprietary markings within Proposal Schedule B's. Such markings shall eliminate vendors from being considered for award. (End of Addendum to Clause 52.212-4) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C.657a). ___ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (5) [Reserved] ___ (6) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (7) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (11) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (12) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (13) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). _X__ (17) 52.222-3, Convict Labor (June 2003)(E.O. 11755). ___ (18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X__ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (20) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). _X__ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). _X__ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). _X__ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). ___ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (25) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (26) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the- shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (28) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (29) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a- 10d). __ (30)(i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (32) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (36) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (38) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). _X__ (39) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (41) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vi) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xi) 52.222-54, Employment Eligibility Verification (Jan 2009). (xii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Http://farsite.hill.af.mil (End of Clause) 52.252-2 Clauses Incorporated by Reference Feb 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Http://farsite.hill.af.mil (End of Clause) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items Jan 2009 (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X___ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) _X___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (5) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) ____ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). (7) ____ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (8) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (9) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107- 117 and the same restriction in subsequent DoD appropriations acts). (10) ____ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (11) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (12) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (13)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements-- Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (OCT 2006) of 252.225-7036. (14) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (15) __X__ 252.226-7001, Utilization of Indian Organizations, Indian- Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (16) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (17) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (18) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (19) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (20) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (21)(i) _X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) _X___ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (22) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 5352.201-9101 Ombudsman Aug 2005 (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen: ESC/CS Bldg 1606 9 Eglin Street Hanscom AFB, MA 01731 Telephone #: 781-377-5106 Facsimile #: 781-377-4659 E-Mail: ESC.Ombudsman@hanscom.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.215-9001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE MAY 1996 (a) A pre-bid/pre-proposal conference will be conducted at Travis AFB CA on 26 Mar 09, 9:00AM (PST) at 581 Waldron St, Bldg 243, Bay B, second floor conference room, Travis AFB CA 94535 for the purpose of answering questions regarding this solicitation. (b) Submit the following information of all attendees (not to exceed 3) to Aimee Sutton prior to 19 Mar 09. For entry into the base, provide FULL NAME, SSN, DATE OF BIRTH, PLACE OF BIRTH, AND CITIZENSHIP. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. (c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 2 Apr 09. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply. (d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers. 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Apr 2003 (a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may not: (1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or (2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS. [Note: This prohibition does not apply to manufacturing.] (b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs: (1) Halons: 1011, 1202, 1211, 1301, and 2402; (2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and (3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s): Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance [List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.] (d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process. (End of clause)
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Place of Performance: Address: 581 Waldron Street, Bldg 54, Travis AFB, California, 94535, United States; Zip Code: 94535
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